Experience Hendrix, L.L.C. et al v. Ferris et al
| Authentic Hendrix, LLC and Experience Hendrix, L.L.C. |
| Optive Marketing, Inc. and Karl Ferris |
| 1:2018cv07907 |
| August 29, 2018 |
| US District Court for the Southern District of New York |
| Lewis A Kaplan |
| Barbara C Moses |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
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Filing 16
PERMANENT INJUNCTION: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the said Defendants, their heirs, executors, successors, assigns, and their officers, all corporations or entities in which they participate now or in the future, and all other persons in active concert or participation with them and those who receive actual notice or knowledge of this injunction by personal service or otherwise, are perpetually ordered and are perpetually restrained and enjoined as follows: PERMANENTLY ENJOINED FROM: Using the name "Jimi Hendrix", the name "Jimi", the name "Hendrix," Hendrix registered or pending trademarks that incorporate an image or likeness of Jimi Hendrix or the words Jimi or Hendrix (hereinafter collectively "Hendrix Marks"), any of Hendrix copyrighted material under applicable federal law (including audio recordings and/or music, or any part or portion thereof and song/title or song/lyrics associated with Jimi Hendrix) (hereinafter "Hendrix Copyrighted Material") or any image, likeness or signature of Jimi Hendrix, whether claimed to be fair use or otherwise, in any manner, including but not limited to the sale, naming, identifying, offering for sale, marketing, labeling, packaging, promotion, distribution or advertising of any product or service, or in connection with any goods and services; and as further set forth herein. IT IS FURTHER ORDERED that Defendants shall turn over to Plaintiffs all materials and products in their possession which bear the Hendrix Trademarks and/or other indicia of the name "Jimi Hendrix;" IT IS FURTHER ORDERED that, Plaintiff shall not be required to post any bond with the Clerk of the Court. IT IS FURTHER ORDERED, ADJUDGED AND DECREED: 1. that this Court retain jurisdiction of the parties hereto for the purpose of any proceedings to enforce injunction; 2. that the parties hereto have waived appeal from this Injunction and Judgment; and 3. that this injunction shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 10/22/2018) (anc)
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Filing 15
STIPULATION FINAL JUDGMENT AND INJUNCTION: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that final judgment is hereby granted and ordered entered as the judgment against Defendants Karl Ferris and Optive Marketing, Inc. in this action as follows: 1. This Court retain jurisdiction of the parties hereto for the purpose of any proceedings to enforce injunction; 2. The parties hereto have waived appeal from this injunction; 3. The parties each shall bear their own costs and attorneys' fees; 4. Plaintiffs agree that Defendants shall have until October 1, 2018 to discontinue all uses of the Hendrix Trademarks; 5. This injunction shall be binding upon and shall inure to the benefit of the parties hereto, and their respective successors and assigns; and 6. In the event Defendants or any one of them breaches any provision of this So Ordered Permanent Injunction and Judgment and Writ of Permanent Injunction and Plaintiffs must take any steps to enforce their rights hereunder, and Defendants and each of them hereby: a. Waives any defense statutory or equitable defense; and b. Agree to reimburse Plaintiffs for all of their cost, including actual attorneys' fees, incurred in connection with enforcing their rights under this Order. c. Nothing herein shall preclude Plaintiffs from seeking additional damages and costs. (Signed by Judge Lewis A. Kaplan on 10/9/2018) (jwh)
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| Filing 14 PROPOSED JUDGMENT. Document filed by Authentic Hendrix, LLC, Experience Hendrix, L.L.C.. (Weber, Dorothy) Proposed Judgment to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #14 Proposed Judgment was reviewed and approved as to form. (km) |
| Filing 13 AFFIDAVIT OF SERVICE. Optive Marketing, Inc. served on 8/30/2018, answer due 9/20/2018. Service was accepted by Cheri Louck, Agent for Service of Process. Document filed by Experience Hendrix, L.L.C.; Authentic Hendrix, LLC. (Weber, Dorothy) |
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Filing 12
ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, and for report and recommendation on dispositive motions, if any, pursuant to 28 U.S.C. 636(b)(1)(A) and (B). All pretrial motions and applications, including those related to scheduling and discovery must be made to Judge Moses and in compliance with this Court's Individual Practices m Civil Cases, as further set forth herein. (Signed by Magistrate Judge Barbara C. Moses on 9/10/2018) (mro)
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Filing 11
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Lewis A. Kaplan on 9/6/2018) (anc)
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| Filing 10 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (pne) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Optive Marketing, Inc.. (pne) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Karl Ferris. (pne) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dorothy M Weber. The party information for the following parties has been modified: Experience Hendrix, L.L.C., Authentic Hendrix, LLC, Karl Ferris, Optive Marketing, Inc.. The information for the parties has been modified for the following reasons: party role was entered incorrectly; party text was omitted. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dorothy M Weber. The following case opening statistical information was erroneously selected/entered: Dollar Demand $1,000,000,000; County code New York. The following corrections have been made to your case entry: the Dollar Demand has been modified to $1,000,000; the County code has been modified to XX Out of State. (pne) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) |
| Case Designated ECF. (pne) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Authentic Hendrix, LLC, Experience Hendrix, L.L.C..(Weber, Dorothy) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Authentic Hendrix, LLC, Experience Hendrix, L.L.C..(Weber, Dorothy) |
| Filing 5 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Weber, Dorothy) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to OPTIVE MARKETING, INC., re: #1 Complaint,. Document filed by Authentic Hendrix, LLC, Experience Hendrix, L.L.C.. (Weber, Dorothy) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to KARL FERRIS, re: #1 Complaint,. Document filed by Authentic Hendrix, LLC, Experience Hendrix, L.L.C.. (Weber, Dorothy) |
| Filing 2 CIVIL COVER SHEET filed. (Weber, Dorothy) |
| Filing 1 COMPLAINT against Karl Ferris, Optive Marketing, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15510787)Document filed by Experience Hendrix, L.L.C., Authentic Hendrix, LLC. (Attachments: #1 Exhibit Trademark Registration List)(Weber, Dorothy) |
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